December 24, 2018 – From record-breaking Express Entry Invitations to Apply, through a prolific year for the provinces and a topsy-turvy 12 months for Quebec, 2018 has been eventful for Canada immigration.
Here, immigration.ca reviews the last 12 months on a variety of topics, including the divisive political impact of irregular border crossers streaming in from the US.
Click to expand to access the content under each heading.
It was another record-breaking year for the federal Express Entry system, with the important milestone of the 100thdraw taking place in September.
Immigration, Refugees and Citizenship Canada issued more Invitations to Applyduring the year than ever before, with 89,800 candidates receiving coveted ITAs for Canada immigration.
The record of 86,023 set in 2017 was eclipsed in the final draw of the year, coming on December 19.
In reality, the new record came as no surprise given the increasing Federal High Skilled immigration levels targets set by the IRCC.
Federal High Skilled Immigration Targets
2016 | 2017 | 2018 | 2019 | 2020 | 2021 |
58,400 | 73,700 | 74,900 | 81,400 | 85,800 | 88,800 |
The levels target for 2018 was 74,900, increasing to 81,400 in 2019, with a plan to reach 88,800 newcomers in the category by 2021.
ITA numbers are likely to increase even further in 2019, as the IRCC continues to gather data on how the number of invites relates to successful immigration candidates.
Individual Draw ITA Record Stands
Although the overall annual ITA record was broken in 2018, the record for the most invites in an individual draw stands at 3,923 set on April 13, 2017.
However, IRCC conducted eight draws issuing 3,900 ITAs in 2018, which is the second-highest all-time figure for an individual draw.
Immigration authorities conducted three fewer draws in 2018 compared to 2017 (27 versus 30), but still managed to break the annual total record.
This shows that although the individual draw record stand, the average draw size was significantly larger in 2018.
IRCC’s new tie-breaking rule based on date of Express Entry profile submission came into its own in 2018, resulting in a more uniform set of ITA figures.
Given increased immigration levels targets, we may see the 4,000-barrier broken in 2019. But if draws remain consistent at 3,900, IRCC is still likely to reach a sufficient number of invites.
Consistently Low Minimum CRS Scores
Meanwhile, minimum Comprehensive Ranking System scores followed a similar pattern to individual draw ITA numbers.
Although CRS scores were consistently low, the record of 413 set in May 2017 was far from being broken.
The lowest CRS score of 2018 was 439, set in the final draw of the year on December 19.
The important takeaway form this is that the base standard of profiles in the Express Entry Pool is improving, as candidates and representatives discover the best ways to maximize scores.
Consistency is also crucial when it comes to CRS scores, with 2018 featuring 15 draws out of 27 with the minimum score in a 3-point range of 439 to 442 points.
In 2018, we also saw the provinces using the Express Entry system in more creative ways.
Ontario targeted French-speaking and skilled trades candidates, Nova Scotia targeted labour market priorities, while B.C. focused on technology workers.
The of Alberta and Prince Edward Island began tapping the Express Entry pool for the first time.
Given the system remains quite young, only launched in 2015, the provinces are still learning how they can manipulate it to their advantage, in terms of attracting the newcomers to meet specific needs with reduced processing times.
For candidates with lower CRS score, targeting a provincial nomination represents a great way to get a coveted ITA.
Through Alberta’s Express Entry stream, for example, candidates with scores as low as 301 received nominations, worth an extra 600 points in the federal system.
Express Entry In 2019
As Federal High Skilled immigration levels increase, so must Express Entry draw sizes, but it remains to be seen how IRCC will achieve this in 2019.
In 2018, we saw the size of monthly draws increase gradually throughout the year, from 2,750 in January up to 3,900 by the end of the year.
It is unlikely 2019 will see such a dramatic increase between the start and end of the year. Instead, as the system matures, more consistent draw sizes and CRS scores are likely to feature.
Express Entry: Key Articles and Pages
Canada Express Entry
Express Entry Immigration Draws
The 9-Month Review: Canada Express Entry Sees Busiest Quarter Of 2018 With 22,800 ITAs Issued
First Half 2018 Express Entry Results Shows Consistency in Required CRS Scores
Canada Express Entry Quarterly Review: Consistency Important for Canada Immigration
How Many Points Do You Need to Immigrate to Canada Under Express Entry?
How Express Entry Works
Where do 66% of Express Entry Applicants Plan to Live in Canada?
How Indian Citizens Dominate Canada Express Entry ITAsTop 10 Jobs That Receive The Most ITAs Under Express Entry
How to Immigrate to Canada Under Express Entry with CRS Scores Under 400
2018 Top Jobs in Canada Under Express Entry Immigration
Provincial Immigration Programs
British Columbia Provincial Nominee Program
British Columbia was Canada’s most consistent province for immigration in 2018, conducting a draw every single week except the last.
British Columbia Provincial Nominee Program draws focused on five main streams, two for skilled workers, two for international graduates, and one for entry level and semi-skilled workers.
Although it was launched in 2017, 2018 was the year the BC PNP Tech Pilot really took hold, as the province invited regular small groups of candidates in 29 target occupations.
The pilot works to prioritize candidates with skills and experience in one of the occupations through existing BC immigration streams.
It is the only provincial-level program to expressly target technology occupations.
November also saw BC launch a new Entrepreneur Immigration – Regional Pilot immigration stream, aimed at attracting business immigrants to rural communities.
The two-year pilot is designed to get foreign entrepreneurs to start businesses, create jobs and settle in smaller B.C. communities with populations less than 75,000.
It runs alongside the existing BC Entrepreneur Stream, through which draws were conducted monthly during 2018.
BCPNP: Key Articles and Pages
British Columbia Immigration
Full List of 2018 BCPNP Draws
BC PNP Tech Pilot
British Columbia Launches Regional Pilot Entrepreneur Immigration Stream
British Columbia Immigration Issues New List of Target Occupations
Ontario Immigrant Nominee Program
As the foremost receiver of federal immigration candidates, historically Ontario has focused less on its provincial program.
However, that approach has changed recently, with Canada’s largest province fulfilling extended federal government quotas in both 2017 and 2018.
The Ontario Immigrant Nominee Program (OINP) was prolific in conducting draws in 2018, through Human Capital Priorities, French Speaking Skilled Worker, Skilled Trades and Entrepreneur streams.
Ontario NOIs Issued in 2018
Human Capital Priorities Stream (HCP) | 3,719 |
French Speaking Skilled Worker Stream (FSSW) | 1,609 |
Skilled Trades Stream (ST) | 1,626 |
Entrepreneur Stream | 149 |
The province employed a different approach for each, with large, irregular draws preferred for HCP candidates, and weekly, small draws for FSSW invitations.
Ontario also introduced a subtle change in the requirements for HCP during the year, with the minimum CRS score needed altered from 400 to ‘as determined by director’.
This saw candidates with scores as low as 350 given Ontario provincial nominations.
Later in the year, Ontario also became the first province to begin accepting the new TCF Canada French language test, ratified by the federal government in November.
OINP: Key Articles and Pages
Ontario Immigration
Ontario Now Accepting New French Language Test, TCF Canada
Ontario Immigration Granted Increased 2018 Nomination Allocations
Ontario Immigration Reaches 2018 Nomination Allocation
Ontario Immigration Act, 2015 Now in Force Effective January 1, 2018
Manitoba Provincial Nominee Program
The Manitoba Provincial Nominee Program enjoyed a milestone year in 2018.
As Canada’s first-ever PNP, the province celebrated its 20thanniversary of directly welcoming new immigrants.
20 Years of the MPNP In Numbers
- Without the MPNP, Manitoba’s GDP growth would be up to 30% lower.
- Over 90% of Provincial Nominees are employed within their first year in Manitoba.
- Manitoba retains almost 90% of Provincial Nominees.
- More than 130,000 Provincial Nominees have landed since 1998.
- More than $308 million invested in Manitoba by MPNP Business nominees.
- Over 90% of economic immigrants to Manitoba arrive through the MPNP.
Meanwhile, the restructured MPNP announced at the back end of 2017 was fully implemented in 2018, featuring the launch of several new streams.
The province began targeting Express Entry candidates for the first time, as well as nominating skilled workers, international graduates and entrepreneurs throughout the year in regular draws.
Two new streams aimed at international graduates were launched towards the end of the year as part of the MPNP renewal, with further changes expected in 2018.
Manitoba is precisely the type of province PNP immigration benefits.
It receives very few federal immigrants each year, but keeps up its newcomer numbers by efficiently targeting those with the specific skills it requires for economic growth.
MPNP: Key Articles and Pages
Manitoba Immigration
Manitoba Provincial Nominee Program 2018 Draws
Manitoba Launches Two New Streams Aimed At International Graduates
Charting the Manitoba Provincial Nominee Program Success Story
New Mandatory Documents For Manitoba Express Entry Stream
Restructured Manitoba Immigration Program Conducts First Draw of 2018
Saskatchewan Immigrant Nominee Program
The Saskatchewan Immigrant Nominee Program (SINP) moved to Expression of Interest for its skilled worker immigration streams during 2018.
Instead of candidates rushing to get their applications submitting during narrow intake windows, expressions of interest are now submitted to a pool, with regular draws for the best-scoring profiles.
The transition happened smoothly, with several large draws taking place and the province promising to conduct at least one draw per month going forwards.
Entrepreneur draws were also a feature of the year for Saskatchewan.
Previously, the province conducted draws roughly every three months for its work permit-focused Entrepreneur Stream.
The popularity of the stream saw those draws move to every two months during 2018. The next Saskatchewan Entrepreneur draw is expected on January 3, 2019.
SINP: Key Articles and Pages
Saskatchewan Immigration
Saskatchewan Immigration 2018 Expression of Interest Draws
How to Qualify under the New Saskatchewan and Quebec Expression of Interest Immigration Systems
Saskatchewan Skilled Worker Immigration Moves To Expression of Interest
Saskatchewan Adds 7 New Jobs To Occupations In Demand
Alberta Immigrant Nominee Program
The Alberta Immigrant Nominee Program has endured a transition year as it tried to implement an overhaul introduced at the end of 2017.
The initial intention was to launch a simplified program centred around a new Alberta Opportunity Stream at the start of 2018, but that was delayed after complaints from stakeholders.
It seemed AINP officials may have failed to communicate the planned changes with the vast array of organizations they affected, from educational institutions, to businesses and immigration candidates.
The result has been a drip feed of new requirements after a watered-down Alberta Opportunity Stream was finally launched in June 2018, six months late.
Certain requirements of the AOS are still to be implemented, and will continue to be drip-fed throughout 2019.
Perhaps the success story over the overhaul was the launch of a new Alberta Express Entry stream, through which seven draws were conducted in 2018.
The province also reached its 2018 nomination allocation of 5,600 during December.
AINP: Key Articles and Pages
Alberta immigration
Alberta Immigrant Nominee Program Reaches 2018 Nomination Allocation
Alberta Immigration Delays New Rule Affecting International Students and Institutions
Important Income and Language Changes For Alberta Opportunity Stream
Two New Streams Launched In Alberta Immigration Overhaul
Alberta Immigration Introduces Formal AINP Reconsideration Process
Alberta Immigration LMIA Will Be Refused For These OccupationsAlberta Immigrant Nominee Program Gets Federal Government Allocation Boost
Nova Scotia Nominee Program
The Nova Scotia Nominee Program’s year saw two new immigration streams launched.
Earlier in 2018, the NSNP launched the Physician Stream to specifically target doctors. Provincial officials went on regular recruitment missions to Europe throughout the year.
Meanwhile the province also launched an Express Entry Labour Market Priorities stream, for which an initial campaign targeted early childhood educators.
The province’s popular Nova Scotia Demand: Express Entry Category B also opened sporadically throughout the year, while there were regular draws for the Entrepreneur and Graduate Entrepreneur streams.
NSNP: Key Articles and Pages
Nova Scotia Immigration
Nova Scotia Immigration DrawsNova Scotia Targets Early Childhood Educators With New Express Entry Stream
Nova Scotia Immigration Targets Doctors With New Physician Stream
Nova Scotia Looks For Quality Over Quantity Through Atlantic Immigration Pilot
New Brunswick Provincial Nominee Program
The highlight of 2018 for the New Brunswick Provincial Nominee Program was the closure of the Skilled Worker with Family Support Stream in February.
The province’s Express Entry Stream, Skilled Worker with Employer Support and Entrepreneurial Streams remain operational.
Going into 2019, the main focus of the NBPNP is the Express Entry stream, which is open to candidates meeting a specific list of requirements.
NBPNP: Key Articles and Pages
New Brunswick immigration
New Brunswick Opens Express Entry Labour Market Stream With New Target Occupations
New Brunswick Immigration Adds 10 Jobs To List Of Target Occupations
Atlantic Immigration Pilot: Nova Scotia Lags Behind P.E.I. and New Brunswick
New Brunswick Immigration Closes NBPNP Skilled Worker With Family Support Stream
Prince Edward Island Provincial Nomination Program
For the Prince Edward Island Provincial Nomination Program, there were two sides to the story in 2018.
On one side, the province enjoyed the successful launch of a new Expression of Interest system for its skilled worker and business immigration.
Regular draws were conducted throughout the year in a seamless transition to EOI.
The other side saw the province close its much-maligned, controversy-plagued business streams provided a direct route to permanent residence.
The 100% Ownership and Partial Ownership streams were plagued with allegations of fraud and misuse, forcing the province to conduct final draws in September.
Entrepreneur candidates can still apply to PEI through the existing Work Permit Stream.
PEI PNP: Key Articles and Pages
Prince Edward Island Immigration
Prince Edward Island Immigration 2018 Expression of Interest Draws
Prince Edward Island Reveals Plan To Boost Skilled Worker Immigration
PEI Immigration Office Publishes Expression of Interest Guidelines
P.E.I. Business Immigration Category Ends Direct Path To Permanent Residence
Atlantic Immigration Pilot: Nova Scotia Lags Behind P.E.I. and New Brunswick
Newfoundland & Labrador Provincial Nominee Program
Attracting entrepreneurs represented a strategic shift in the Newfoundland & Labrador Provincial Nominee Program for 2018.
The province added International Entrepreneur and International Graduate Entrepreneur streams in August, after previously closing its business stream in 2010.
Elsewhere, the province also moved to ramp up its use of the Atlantic Immigration Pilot, by designating 173 employers under the regional program operated jointly with the federal government.
Key Articles and Pages
Newfoundland & Labrador Immigration
Newfoundland Immigration Designates 173 Employers Under Atlantic Immigration Pilot
Newfoundland Targets Entrepreneurs With Two New Immigration Streams
Attracting Foreign Entrepreneurs Vital to Resolving Newfoundland’s Demographic and Fiscal Challenges
Quebec immigration had a year that ebbed and flowed, including:
- The launch of Quebec Expression of Interest
- An overhaul of its business programs, including the Quebec Immigrant Investor Program.
- The election of a new provincial government which plans to reduce immigration levels.
Quebec Expression of Interest
After a short delay, Quebec Expression of Interest launched in September with a new system named ‘Arrima’.
The new system works much like federal Express Entry, and is expected to cut processing times and ensure the best qualified candidates jump to the front of the queue for Quebec Skilled Worker immigration.
Since the launch, the province is yet to publish details of any immigration draws. This is an important development to look out for in 2019.
Quebec Business Program Overhaul
The Quebec Immigrant Investor Program reopened in September with the first net worth an investment threshold increases in eight years.
The new program has an investment requirement of $1.2 million, up from $800,000. The qualifying net worth amount has increased to $2 million, up from $1.6 million.
Quebec Immigrant Investor Program: Requirements
- Legally acquired personal net worth of $2 million;
- Two years of suitable management or business experience within the five years preceding the application;
- Investment of $1.2 million into a passive government guaranteed investment for a period of five years bearing no interest;
- Intend to settle in the province of Quebec.
The 2018/2019 application window runs until March 15, 2019.
A maximum of 1,235 applications will be accepted from China, Hong Kong, Macau and up to 665 from elsewhere. Applicants with advanced intermediate abilities in French language are not subject to quota limitations.
CAQ Immigration Levels Plan
The Coalition Avenir Québec (CAQ) government plans to reduce immigration levels by 20 per cent in 2019.
The plan features a 2019 immigration target of 38,000 to 42,000 newcomers, compared to a 2018 target of 53,300 new immigrants.
With many Quebec employers desperate for staff because of a shrinking labour market, the CAQ plan appears to be the opposite of what the French-speaking province needs.
CAQ officials say the reduction is temporary, to allow a better system for the integration of new immigrants to be put in place.
CAQ’s 2019 Quebec Immigration Levels Plan
2018 | 2019 | |
Economic Class | 31,200 | 23,450 |
Family Class | 11,700 | 8,900 |
Refugees | 9,400 | 6,950 |
Quebec Immigration: Key Articles and Pages
Quebec Immigration
Quebec Expression of Interest
Quebec Immigrant Investor Program
Quebec Government Tables Plan To Reduce Immigration Levels
Quebec Sees Large Decline in Net Migration to Other Provinces in Canada
Quebec Immigrants Seeing Strong Job Market Success in 2018
Quebec Opens New Expression of Interest Immigration System ‘Arrima’
New Quebec Immigrant Investor Program (QIIP) OpensQuebec and Federal Officials Reach Agreement Over Rising Asylum Seeker NumbersQuebec Offers Fast Permanent Immigration Pathway to Canada for International Students
Important developments under Family Class immigration in 2018 centred around the Parent and Grandparent Sponsorship Program.
Later in the year, the federal government announced it was scrapping a lottery-style system launched in 2017 in favour of an online first-come, first-served system for the program.
Specific details are yet to be released, but the interest to sponsor window will open in January 2019, with invitations to submit a full application issued in the order submissions are received.
IRCC will issue a total of 20,000 invitations.
The change follows another year when the well-intentioned lottery system created more controversy than success.
Two rounds of selections were again made in 2018. Candidates continued to complain they had no way of knowing if they would be selected, possible facing years of submitting interest to sponsor forms.
Elsewhere, the federal government says it continues to achieve a target of processing 80 per cent of Family Class applications inside 12 months.
The immigration levels plan allows for small increases in the Family Class between now and 2021, as the federal government looks to make good on an election commitment to family reunification.
Family Class Immigration Levels Plan
2016 | 2017 | 2018 | 2019 | 2020 | 2021 | |
Spouse, Parents, Children | 60,000 | 64,000 | 66,000 | 68,000 | 70,000 | 70,000 |
Parents and Grandparents | 20,000 | 20,000 | 20,000 | 20,500 | 21,000 | 21,000 |
Family Class: Key Articles and Pages
Family Class Sponsorship Immigration
Parent and Grandparent Sponsorship Program
Parent and Grandparent Super-Visa
Details of New Parents and Grandparents Program Coming SoonCanada To Accept 20,000 Parents and Grandparents Sponsorship Applications in 2019 Under First Apply Immigration System
Canada Announces Second Lottery Draw For Parents and Grandparents Program
Stinging Criticism of Canada’s Parent and Grandparent Program
Canada Family Class Immigration Shows Significant Growth
Examining the Merits of Points-Based Versus Family Reunification Immigration Programs
Spouses Facing Problems With Canada’s Family Sponsorship Immigration
Caregivers continued to fret over the future of their pathways to permanent residence and Canada immigration in 2018.
It was a year that saw fears continually raised over what will happen when two pilot programs that offer a pathway to permanent residence for caregivers’ end on November 29, 2019.
Canada’s federal government says it is undertaking a review of the two pilot programs. The five-year pilots, launched in 2014, are aimed at caregivers for children and for people with high medical needs.
Immigration Minister Ahmed Hussen moved to reassure caregivers that they would continue to be offered a pathway to permanent residence after November 29, 2019.
But the federal government immigration levels plan shows a sharp drop in caregiver receiving permanent residence, from 14,000 in 2019 to 5,000 in 2020.
Ominously, the plan says the caregiver allocation for 2021 is ‘to be determined’.
Clearly, 2019 is shaping up to be an important year for caregivers in Canada.
Caregivers Immigration Levels Plan
2016 | 2017 | 2018 | 2019 | 2020 | 2021 |
22,000 | 18,000 | 17,000 | 14,000 | 5,000 | TBD |
Source: IRCC
Caregiver Immigration: Key Articles and Pages
Caregivers Remain Concerned Despite Minister’s Reassurances
Canada Immigration Minister Allays Fears Over Caregiver Permanent Residence Pathway
Canada Foreign Caregivers in Limbo Over Permanent Residence Pathway Deadline
Some Families Hiring Foreign Caregivers Exempt From $1,000 LMIA Fee
Canada’s year for temporary workers was dominated by the continued success of the Global Talent Stream, while all eyes were on the renegotiation of NAFTA.
Later in 2018, meanwhile, there was a concerning warning about increased processing times for Labour Market Impact Assessments from the federal government.
For technology workers, Canada is fast becoming the number one option as US President Donald Trump promotes his America first agenda.
The most visible result of Trump’s policies in terms of work permits has been a huge increase in red tape for H1-B visas.
As a result, candidates have been drawn by promises of two-week processing through the Global Talent Stream.
Toronto, Montreal, Vancouver and Ottawa are seen as some of the foremost technology hubs in North America, and they are growing due to their ability to attract talent through the GTS.
Quebec also launched its own version of the expedited processing work permit stream during 2018.
Meanwhile, the renegotiation of NAFTA threatened the status of thousands of temporary workers in Canada under the labour provisions of the treaty.
However, after much posturing, the new U.S.-Mexico-Canada Agreement saw very little change in terms of work permits.
One of the important areas to look out for in 2019 is how Ottawa manages processing times for work permits not covered by the Global Talent Stream.
Work permits issued under the Temporary Foreign Worker Program require a positive Labour Market Impact Assessment.
Canada’s federal government issued a notice to warn of increased processing times for LMIAs in October.
Employers wishing to hire foreign workers through the Temporary Foreign Worker Program are advised to get their applications in as early in the process as possible in order to limit delays.
Canada faces a challenge of maintaining the integrity of the work permit program by ensuring processing times do not get out offhand.
Temporary Workers: Key Articles and Pages
Temporary Foreign Worker Program
International Mobility Program
International Experience Canada Program
Global Talent Stream: 2-Week Canada Visa Application Processing (Video)
Global Talent Stream
Delays Growing for Labour Market Impact Assessment Requests
How Canada’s Technology Industry Competes with Best in World
How Canada Beats the U.S. As Destination for Technology Workers
Quebec Launches New Global Talent Stream
How to Access Short-Term Canada Work Permit Exemptions Under Global Skills Strategy
New U.S.-Mexico-Canada Agreement
Labour Mobility Under New US-Mexico-Canada Agreement Mostly Unchanged
Canada Steps Up Regulation of Temporary Foreign Worker Program
Canada’s federal government continued its drive to attract international students in 2018 by giving them a clear pathway to permanent residence.
The year saw the launch of the Student Direct Stream to provide expedited processing for important international student markets.
The new stream is the latest in a series of policy changes as Immigration, Refugees and Citizenship Canada looks to international graduates as an important pool of new permanent residents.
Students now have access to the Post-Graduation Work Permit, and score extra points under Canada Express Entry to achievement permanent residence.
With relaxed requirements for permanent residents to get citizenship, the process of coming to Canada as a student and staying here to build a career has become much easier under the Liberals.
The numbers are there to back up the policy changes, with 494,525 study permit holders in Canada at the end of 2017, a number set to increase at the end of 2018.
Significant increases are also being seen in the numbers of permanent residents who previously held a study permit.
A diplomatic spat between Canada and Saudi Arabia exposed one of the pitfalls of welcoming too many international students.
The dispute has served to highlight a growing and worrying trend in the Canadian college and university system.
Schools chasing the higher tuition fees paid by international students have become too reliant on the revenue generated, reducing opportunities for Canadians.
Promoting internships and fellowships to foreign students, especially in the medical field, is highly problematic.
More students for fewer places mean the standard required by Canadians to get into their chosen school has increased. At the same time, a second stream exists for high paying international students.
The growing trend means places for Canadian students wanting to study medicine are increasingly limited. Ask the many Canadian medical students studying in St. Lucia, the USA, Australia and elsewhere if they plan to return to Canada in the future, and the response will be unlikely.
Canada’s human capital loss becomes compounded by a dwindling supply of home grown general medical practitioners and specialists.
Key Articles and Pages
Canada Student Visa
The Saudi Diplomatic Crisis Highlights Why Ottawa Must Promote a Canada-First Policy for International Students
Thousands More International Students Becoming Canadians
Manitoba Launches Two New Streams Aimed At International Graduates
Trump Student Visa Restriction Set to Enhance Canada For International Students
Why Canada Has It All as Destination for International Students
Study in Canada: Step-By-Step Guide for International Students
How Canada’s International Students Can Benefit From The Post Graduation Work Permit
Canada’s Strict New Impaired Driving Penalties Now in Force
Canada’s new impaired driving penalties take effect today – December 18, 2018 – meaning both temporary and permanent residents face deportation for a first-time offence.
New criminal inadmissibility rules following the passing of Bill C-46 means impaired driving (DUI) is now considered ‘serious criminality’, with the maximum penalty increased from five to 10 years.
Temporary or permanent residents guilty of an offence deemed serious criminality can be found inadmissible to Canada, regardless of where the offence happened.
This means:
- Permanent residents may lose their status and have to leave the country.
- Temporary residents (including visitors, international students and foreign workers) may not be able to enter or stay in Canada.
- Refugee claimants may not be eligible to have their claim referred for a refugee hearing.
- Appeal rights for permanent residents and foreign nationals, including sponsored members of the family class, could also be affected.
The change comes after Canada made cannabis legally available, also moving to imposed tough new penalties for those who:
- Drive under the influence of alcohol or drugs, or
- Commit cannabis-related crimes.
Read More
Ottawa Warns Temporary and Permanent Residents on New Impaired Driving Penalties
Canadian Permanent Residents Face Deportation for First-Time Impaired Driving Conviction (DUI)
Under immigration law, ‘serious criminality’ offences can result in loss of permanent resident status.
When Could A Permanent Resident Lose Their Status for A DUI Offence?
Following the Bill C-46 changes, a permanent resident convicted for an impaired driving offence can lose their status and face deportation – even for a first-time DUI offence, no matter what the sentence.
What are other implications of Bill C-46?
- Permanent residents who are convicted abroad or who an officer believes has committed an impaired driving offence outside Canada will now be inadmissible for serious criminality. This means loss of PR status with no right of appeal.
- Persons with foreign impaired convictions will no longer be eligible for deemed rehabilitation.
- Persons previously deemed rehabilitated will no longer be so; they become inadmissible again.
- Sponsored relatives with an impaired conviction will not have a right of appeal from a refusal by an immigration officer on inadmissibility for an impaired offence.
- Principal applicants and accompanying dependents convicted of impaired offences may be inadmissible for serious criminality.